What is a legal notice?

A legal notice is, a formal communication to a person or an entity, informing them of the intention to undertake legal proceedings against them. It simply means intimation, information, knowledge, attention etc. It serves as information to the other party to ensure that they are aware and cannot plead ignorance at any future date in a Court of law. It also adheres to the basic principle of natural justice and a legal right to information. It is advisable not to panic on receiving such notice and to consult top civil lawyers in India.

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What is the object of sending legal notices?

The basic object of the serving legal notice is to display the intention of initiating legal proceedings. The purpose of the notice is to give opposite party an opportunity to reconsider his legal position and to make amends or afford restitution without recourse to a court of law. The Supreme Court, in the landmark case, stated that “The object of the section is the advancement of justice and the securing of public good by avoidance of unnecessary litigation.”  The notice is deemed to be served only when it is received or refused by the addressee and not simply by posting the notice. This stands as an evidence as to the receipt of notice. Laws regulating notice are of procedural nature, therefore, require more vigilance and care while drafting a notice. Ignorance of the law is no excuse and thus a legal notice should be drafted by expert civil litigation lawyers.

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Elaborate the cases in which legal notice can be served on opposite party.

There are numerous reasons for which a legal notice can be served on a person or an entity. The most common cases as to who can send a legal notice and when are: Disputes relating to property: It includes disputes relating to mortgage, delayed delivery of possession by the builder, eviction of the tenant, the partition of family property, registration of sale-deed, execution of will etc. Disputes relating to employment: It includes notice to the employer for wrongful termination, unpaid salary, violation of any right of the employee by the employer, sexual harassment at workplace etc. Consumer Protection disputes: Notice to a company manufacturing or providing service of faulty products, faulty services, false advertisement, or any other grievance of the consumer. Cheque Bounce Cases: Notice is to be sent as per the provisions of Section 138 of Negotiable Instruments Act, to the defaulter whose cheque has been dishonoured.  A legal notice has to be sent within 15 days of dishonour of cheque by registered post and must be drafted by a good cheque bounce lawyer in India and contain facts of the case including the nature of transaction, amount of loan or other legally enforceable debt for which the cheque was issued, date of deposit in bank etc. Personal Conflicts: Notice is to be sent in case of personal conflicts such as divorce, maintenance, child custody, alimony, cruelty etc.

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What should I do if I receive a Legal Notice?

It is not mandatory to send a reply to a legal notice, yet it is advisable to reply appropriately to the notice bearing in mind the laws applicable. No reply to a notice can add advantage to the sender in a court of law.  You can hire best lawyers in India to send a reply to a legal notice. The reply must be given within the stipulated time. In case if you have received a legal notice do not panic, simply follow the following procedures- Step 1: Read the content of the notice carefully in the context of the agreement, executed between the parties. If you think that the notice is not accurate or can be contested and needs legal help, approach a qualified lawyer. Step 2: Check the limitation period within which the reply is to be filed and adhere to the same. Step 3: Keep a record of the time of notice within which you received the notice. A good record keeping will be an advantage even if the opposite party files a suit against you. Step 4: Check the contractual obligations which the sender of the notice needs to fulfil and which it lacks. Breach of contractual obligations will be a good defence for the receiver. Counterclaim for damage due to breach and compliance of obligation can be done.

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What are the contents of a legal notice?

The contents of legal notice in India are: The details of both the parties, like name, address, contact information. The problem faced or loss suffered by the sender of legal notice. The remedy sought from the other person to resolve the problem or cover the loss. The action or inaction of the receiver upon intimation of problem. Further remedy sought by the sender of legal notice. The legal action that will be taken in case the remedy is not provided by the receiver.

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Who can draft a legal notice?

A legal notice, must adhere to the laws and regulations laid down by statutes. Laws regulating notice are of procedural nature, therefore, require more vigilance and care while drafting a notice. Ignorance of the law is no excuse and thus a legal notice should be drafted by expert civil litigation advocates carefully.

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What is the limitation period to file a reply to a legal notice?

The limitation period to file a reply to a legal notice varies from case to case basis, ranging from 15 days in some to 30 days in case of dishonour of cheque or consumer complaint to 45 days or any number of days as stipulated in the notice or the statute under which the notice is filed. The reply to the notice should be filed with the help of good civil attorney in India.

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What if there is no reply to a legal notice?

It is not mandatory to reply to a legal notice, yet it is advisable to reply appropriately to the notice bearing in mind the laws applicable. No reply to a notice can add advantage to the sender in a court of law.  Thus, to ensure that no reply to a notice should not become a ground proving your fault, it is always preferable to reply to such notice. You can hire best attorneys in India to send a reply to a legal notice.

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What is a show cause notice?

Show cause notice is a notice sent to any person by any authority i.e. government, employer, government employee’s, passport authority etc, in order to get a reply back with a reasonable cause as to why a particular action shouldn’t be taken against him in regard to the defaulting act done by him. Generally, it is used in order to provide the defaulter with a chance to present himself with a reasonable cause because of which he committed the wrongful act. The best civil advocates in India can be hired to deal with show cause notice.

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When can a legal notice be sent by bank under SARFAESI Act for debt recovery?

SARFAESI Act provides a remedy to banks in case of non-performing assets. A bank can issue notice to the consumer at two stages. Firstly, when the loan is due the bank can issue notices for payment of the debt and express its intention to declare the financial asset as NPA in case of default to pay. Secondly, the notice can be sent when the bank decides to convert NPAs into liquid money by selling the same to Asset Reconstruction Company declaring that the person is now a borrower of that Company and not the bank. To reply to such notices and to know what remedies you have, it is advisable to consult experienced debt recovery lawyers in India.

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When can a legal notice be sent by buyer to a builder?

In the age of RERA, a legal notice can be sent by the buyer to a builder if he refuses to give possession, abandons project site, delays possession, refuses to give possession certificate or adhere to provisions of RERA. The changes that have been envisaged under RERA are massive for putting accountability on the timelines of builders and thus buyers can send legal notice as well. A legal notice can be sent primarily for delay in possession under RERA through best RERA lawyers in India.

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When can a legal notice be sent by landlord to tenant for eviction?

A legal notice can be sent by a landlord to eviction on termination of the tenancy period. Tenancy is the passing of rights of enjoyment and possession for a specific time period by the landlord to the tenant. The time period is specified in the rent agreement or lease deed or is determined by local customs in that area. If the tenant refuses to leave the premises, the landlord can send a legal notice in regards to the same. If, the tenant refuses to leave the premises despite the legal notice, the landlord can send another legal notice with the intention of initiating legal proceedings in a Court of law. To ensure that the landlord has these rights, there must be all important clauses in a rent agreement and it should be drafted carefully.

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When can a legal notice be sent in employment cases?

A legal notice in employment cases can be sent under following cases: Unpaid salary to employee; Sexual harassment at workplace; Non-adherence to company’s policies and employment contract; Disclosure of confidential information of company to outsiders; Leaving job without resignation letter; False claims of sexual harassment.

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When can a legal notice be sent by a consumer in the form of consumer complaint notice?

A complaint may be made under Consumer Protection Act can be made by the consumer under following conditions with the help of good consumer protection lawyers in India: Loss or damage is caused to the consumer due to unfair or restrictive trade practice of a trader or service provider; the article purchased by a consumer is defective; the services availed of by a consumer suffer from any deficiency; a trader or service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint a price in excess of the stipulated price; Goods or services, which will be hazardous to life and safety, when used, are being offered for sale to the public.  

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